2021 Oregon Revised Statutes
Chapter 813 - Driving Under the Influence of Intoxicants
Section 813.665 - Criminal background check for technicians; rules.


(a) Oregon computerized criminal history system;
(b) Law Enforcement Data System;
(c) Databases maintained by the Federal Bureau of Investigation; and
(d) National Crime Information Center.
(2) The purpose of a criminal background check is to preserve safety and prevent criminal acts by determining whether an individual is eligible to be employed as an ignition interlock device technician. A person is ineligible if the person has been convicted of:
(a) Except as provided in paragraph (b) of this subsection, a misdemeanor in any jurisdiction within two years of the date of the criminal background check;
(b) Misdemeanor driving while under the influence of intoxicants in violation of ORS 813.010 or the statutory counterpart in another jurisdiction within five years of the date of the criminal background check; or
(c) A felony in any jurisdiction within 10 years of the date of the criminal background check.
(3) The department shall communicate whether the individual passed or failed the criminal background check conducted under this section to the service center requesting the check.
(4) The department shall prescribe by rule the process for obtaining a criminal background check by the department or, if the department is unable to conduct the check, by the service center requesting the criminal background check.
(5) If the criminal background check conducted by the department or a service center reveals that the individual who is the subject of the criminal background check has been convicted of any of the crimes described in subsection (2) of this section, the service center may not employ the individual as an ignition interlock device technician. [2017 c.655 §4; 2017 c.655 §16; 2019 c.200 §§5,6]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation

Chapter 813 - Driving Under the Influence of Intoxicants

Section 813.010 - Driving under the influence of intoxicants; penalty.

Section 813.011 - Felony driving under the influence of intoxicants; penalty.

Section 813.012 - Crime classification for purposes of rules of Oregon Criminal Justice Commission.

Section 813.020 - Fee to be paid on conviction; screening and treatment; mandatory imprisonment or community service; attendance at victim impact treatment session; session fee.

Section 813.021 - Requirements for screening interview and treatment program.

Section 813.022 - Proof of treatment.

Section 813.023 - Alternative payment methods for screening interview or treatment program.

Section 813.025 - Designation of agency to perform screening interview and treatment program; qualifications; rules.

Section 813.030 - Amount of fee; distribution.

Section 813.040 - Standards for determination of problem condition involving alcohol, inhalants or controlled substances.

Section 813.050 - Out-of-service orders for operators of commercial motor vehicles; grounds; duration; rules; penalty.

Section 813.055 - Civil penalty for violation of out-of-service order or notice.

Section 813.095 - Offense of refusal to take a test for intoxicants; penalty.

Section 813.100 - Implied consent to breath or blood test; confiscation of license upon refusal or failure of test.

Section 813.110 - Temporary permit upon confiscation of license.

Section 813.120 - Police report to department.

Section 813.130 - Rights of and consequences for person asked to take test.

Section 813.131 - Implied consent to urine test; privacy; laboratories for analysis.

Section 813.132 - Consequences of refusing to take urine test; exception.

Section 813.140 - Chemical test with consent; unconscious person.

Section 813.160 - Methods of conducting chemical analyses; duties of Department of State Police; reports; costs.

Section 813.170 - Plea agreement prohibited.

Section 813.200 - Notice of availability of diversion; petition; form; contents.

Section 813.210 - Petition; filing fee; screening interview fee; service on prosecutor; objection.

Section 813.215 - Eligibility for diversion.

Section 813.220 - Matters to be considered by court in determining to allow diversion agreement; reasons for denial.

Section 813.222 - Right of victim to be present at hearing.

Section 813.225 - Petition for extension of diversion period; conditions.

Section 813.230 - Diversion agreement; record; duration; effect of denial.

Section 813.233 - Exemption from completing treatment program in this state.

Section 813.240 - Amount and distribution of filing fee; screening interview fee.

Section 813.245 - Booking.

Section 813.250 - Motion to dismiss charge on completion of diversion; admissibility of statements.

Section 813.252 - Motion to dismiss charge when minimal fine amount remains.

Section 813.255 - Termination of diversion.

Section 813.260 - Designation of agencies to perform screening interviews; duties of agency.

Section 813.270 - Intoxicated Driver Program Fund; creation; uses.

Section 813.300 - Use of blood alcohol percentage as evidence; percentage required for being under the influence.

Section 813.320 - Effect of implied consent law on evidence.

Section 813.322 - Department of State Police rules regarding breath tests as evidence; validity of officer’s permit.

Section 813.324 - Use of testimony from implied consent hearing as evidence in prosecution.

Section 813.326 - Felony driving while under the influence of intoxicants; prior convictions.

Section 813.328 - Notice of intent to challenge validity of prior convictions.

Section 813.400 - Suspension or revocation upon conviction; duration; review.

Section 813.410 - Suspension upon receipt of police report on implied consent test; hearing; validity of suspension; appeal; rules.

Section 813.412 - Role of police officer in implied consent hearing.

Section 813.420 - Duration of suspension for refusal or failure of test.

Section 813.430 - Grounds for increase in duration of suspension.

Section 813.440 - Grounds for hearing on validity of suspension; rules.

Section 813.450 - Appeal from suspension for refusal or failure of breath test.

Section 813.460 - Department procedures upon verification of suspension of driving privileges of wrong person.

Section 813.470 - Department notation on record of person acquitted after suspension.

Section 813.520 - Limitations on authority to issue hardship permit or reinstate driving privileges.

Section 813.599 - Definitions.

Section 813.600 - Ignition interlock program; rules.

Section 813.602 - Circumstances under which ignition interlock device required; exemptions; rules.

Section 813.603 - Waiver of costs of ignition interlock device; rules.

Section 813.604 - Notice of court order; notation on hardship permit; rules.

Section 813.606 - Exception for employee otherwise required to have device.

Section 813.608 - Knowingly furnishing motor vehicle without ignition interlock device; penalty.

Section 813.610 - Soliciting another to blow into ignition interlock device; penalty.

Section 813.612 - Unlawfully blowing into ignition interlock device; penalty.

Section 813.614 - Tampering with ignition interlock device; penalty.

Section 813.620 - Suspension of driving privileges for failing to provide proof of device installation or for tampering with device.

Section 813.630 - Notice of ignition interlock device installation and negative reports.

Section 813.635 - Consequence for negative reports generated from ignition interlock device; rules.

Section 813.645 - Motion to vacate requirement to install and use ignition interlock device.

Section 813.660 - Service center and manufacturer’s representative certification; fees; rules.

Section 813.665 - Criminal background check for technicians; rules.

Section 813.670 - Complaint process.

Section 813.680 - Ignition Interlock Device Management Fund.